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Adverse Action Claim Dismissed

The Federal Circuit Court recently dismissed an employment law adverse action claim, in which an employee alleged her dismissal was related to her workplace injuries and a bullying complaint.

Background

  • The employee was working as a microbiologist in a medical laboratory. She sustained injury to her neck, due to the posture in which it was necessary for her to carry out her duties. She went on sick leave from September 2013 – February 2014, returning on light duties. Her workers compensation claim was accepted.
  • The employer made certain adjustments to the workplace to accommodate for her injury in accordance with its return-to-work obligations. The microbiologist argued that the adjustments made were inadequate to cater for her work-related disability.
  • Shortly after she returned to work the microbiologist also made a bullying complaint against her supervisor for threatening and intimidating her. The complaint was investigated and found to be unsubstantiated. A similar complaint had been made in 2010 with the same outcome.
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